Coachella Valley Stormwater Channel Improvement Project, Avenue 54 to Thermal Drop Structure Draft Environmental Impact Report / State Clearinghouse No. 2015111067 Appendices

APPENDIX C

Coachella Valley Stormwater Channel Improvement Project, Phase I

Biological Resources Assessment & Coachella Valley Multiple Species Habitat Conservation Plan Compliance Report

City of Coachella and Unincorporated Community of Thermal

Submitted to:

Terra Nova Planning & Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211

Submitted by:

Amec Foster Wheeler, Environment & Infrastructure, Inc. 3120 Chicago Avenue, Suite 110 Riverside, CA 92507

3 February 2016

Coachella Valley Water District C-1

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & Coachella Valley Multiple Species Habitat Conservation Plan Compliance Report

City of Coachella and Unincorporated Community of Thermal Riverside County, California

Submitted to: Terra Nova Planning and Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 Contact: John Criste (760) 341-4800 [email protected]

Submitted by: Amec Foster Wheeler, Environment & Infrastructure, Inc. 3120 Chicago Avenue, Suite 110 Riverside, CA 92507

Contact: John F. Green Senior Biologist (951) 369-8060 [email protected]

3 February 2016

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

EXECUTIVE SUMMARY For the purposes of this assessment, analysis of the proposed Coachella Valley Stormwater Channel (CVSC) Improvement Project, Phase I (project) could include the following:  Extension of existing and construction of new concrete-lined channel/levee banks, a fully concrete-lined channel from Airport Boulevard to the Thermal Drop Structure near Avenue 58, and construction of a bypass channel or combinations thereto.  Modification of the existing channel cross-section and Thermal Drop Structure.  Improvement of the levees (construct above-grade concrete barriers) upstream of Airport Boulevard to the vicinity of Avenue 54.  Future modification to the northernmost railroad bridge may be required. The project is located both within the city limits of Coachella and unincorporated lands in the community of Thermal, Riverside County, California. The approximately 262 acre Project Planning Area/Area of Potential Effect (PPA/APE) is approximately two miles long in and adjacent to the CVSC. The PPE/APE extends from immediately north of Avenue 54 downstream (south) to north of Avenue 58 in Thermal. The existing CVSC is bounded by earthen flood control levees, although concrete wall reinforcement is present in the northern PPA/APE and near bridges. Land outside the CVSC, but in and surrounding the PPA/APE is a patchwork of commercial buildings and single-family rural residential dwellings, agriculture, and natural lands (undeveloped, some of which have been previously disturbed). Information contained herein is intended to be used for compliance with state and federal regulations intended to protect waters and special status species and their habitats. This includes the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), the boundaries of which the PPA/APE is within. In preparation for the field visits, a literature review was conducted to identify special-status biological resources known from the vicinity of the PPA/APE. The literature review included the following documents:  California Natural Diversity Data Base (CNDDB) RareFind 5  California Native Plant Society's Inventory of Rare, Threatened, and Endangered Plants of California  The CVMSHCP documents  United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey  United States Geological Survey 7.5’ Indio, Mecca, Valerie, and Thermal Canyon, Calif. quadrangles Two field assessment visits were conducted, including a focused burrow survey for burrowing owls. PPA/APE suitable habitat was assessed based on the presence or absence of habitat components (e.g., soils, vegetation and topography) characteristic of the potentially occurring special-status biological resources determined by the literature review. Pedestrian transects were walked over the entire PPA/APE where accessible. All flora and fauna observed or otherwise detected (e.g., dead remains [primarily plants], vocalizations, presence of scat, tracks,

i

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 and/or bones) during the course of this assessment were recorded in field notes and included in Appendices 1 and 2. Topography, soils, and vegetation (natural communities) were mapped. The literature review and biological resources assessment resulted in the identification of 50 special-status species which were observed in the PPA/APE, had CNDDB records within an approximate five mile radius of the PPA/APE, and/or which had habitat, including CVMSHCP modeled habitat, in the PPA/APE. These included 14 plants, two invertebrates, two fishes, one amphibian, two reptiles, 22 birds, and seven mammals. Of the 50 sensitive elements identified by the literature review to occur in the PPA/APE vicinity (see Tables 2-8 above), 18 were determined to be absent from the PPA/APE, including all of the plant species, the cheeseweed owlfly, the razorback sucker, Coachella Valley fringe-toed lizard, and the Colorado Valley woodrat. Since they are not expected to occur within the PPA/APE or be impacted, those 18 species will not be discussed further. Of the remaining 32 species, seven are fully covered and conserved by the CVMSHCP: desert pupfish, flat-tailed horned lizard, southwestern willow flycatcher, least Bell’s vireo, western yellow bat, Palm Springs pocket mouse, and Coachella Valley (Palm Springs) round-tailed ground squirrel. Since potential impacts to these seven species will be mitigated through project participation in the CVMSHCP as a covered activity, they will not be discussed further. The monarch, a butterfly, is not covered by the CVMSHCP. It is ranked S2S3 by the state (imperiled - vulnerable), but has no other state or federal status. The species is considered special-status primarily because of its wintering roosts along the coast. A single butterfly was seen foraging in the PPA/APE. We are not recommending any further action in regard to this species, as the PPA/APE is not coastal and does not contain any known monarch roost sites The Couch’s spadefoot is not covered by the CVMSHCP. It is considered a species of special concern by the California Department of Fish and Wildlife (CDFW) and is ranked S2 by the state (imperiled), but has no other state or federal status. It may occur in temporary rain pools, and flooded date palm orchards may also provide breeding habitat and refugia. There is only one known local record, five miles to the southeast, and limited potential habitat in the PPA/APE. Amec Foster Wheeler recommends that substantial temporary pools and orchards be avoided or surveyed for this species and its’ larvae prior to disturbance to avoid impacts to breeding spadefoots. This does not include the channel itself. Three additional species of bats were found to have records in the PPA/APE vicinity: Townsend’s big-eared bat, spotted bat, and western mastiff bat. One of these, the spotted bat, only has foraging potential in the PPA/APE. Although implementation of the proposed project may represent an incremental loss of potential spotted bat foraging habitat, it is not expected to have a significant impact on the species or to result in its take. We are not recommending any further action on behalf of the spotted bat. The Townsend’s big-eared bat could roost on the walls and ceilings of bridges, culverts, and other structures in the PPA/APE, but is most often associated with caves or mines. Human disturbance is frequent in the PPA/APE, and may be a limiting factor for this species. The western mastiff bat prefers roosts in high places such as cliff crevices, but could use trees or structures in the PPA/APE. Both species may forage in the PPA/APE. Take of these or other roosting bat species may be considered significant. Although no bats were seen during the biological resource assessment, suitable roosting habitat was seen.

ii

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Focused surveys may be required to ensure that bats are not present so that they are not harmed or disturbed by construction activities. The California black rail and Yuma Ridgway’s (clapper) rail are covered species under the CVMSHCP, but because they are both California Fully Protected species, no take is allowed. Also, because the California black rail is not federally listed, take of that species is also prohibited under the Migratory Bird Treaty Act (MBTA). For both species, the CVMSHCP states: “Surveys will be required in potential Habitat for this rail before any activity that would impact the Habitat. If rails are found, the Habitat must be avoided or measures approved by The Wildlife Agencies taken to ensure that no take of an individual occurs.” Potential habitat is present in the CVSC and these species have been recorded in the area. Surveys for these species are conducted between March 15th and May 31st. If either species was found to be present, consultation with the wildlife agencies would be required prior to any impacts to habitat. The Burrowing Owl (BUOW) is a covered species under the CVMSHCP, but the federal permit for the CVMSHCP does not allow take of this species under the MBTA. Project hydrologists encountered a BUOW at its burrow several months ago, and Amec Foster Wheeler biologists found BUOW sign at that and another nearby burrow during the burrow survey. Numerous burrows or burrow-like structures suitable for occupation by BUOWs, but without any sign of BUOW usage, were observed in or immediately adjacent to the PPA/APE. Actions to avoid take of the burrowing owl will need to be performed prior to project activities. The “CDFW recommends two take avoidance surveys. The first should occur between 14 and 30 days prior to ground disturbance and the second within 24 hours of ground disturbance.” Several of the special-status bird species seen in the PPA/APE are not covered by the CVMSHCP, but do not have nesting habitat and/or breeding range within the PPA/APE. These include:  The great egret, great blue heron, and snowy egret, which are unlisted species which nest colonially. Their nesting colonies are considered sensitive, but they are all ranked S4 (apparently secure). Although these species occur in the PPA/APE for foraging, there are no known rookery sites in or near the PPA/APE or sufficiently wide, undisturbed habitat for the establishment of such.  The unlisted sharp-shinned hawk which is a migrant and winter visitor only. It is considered to be a watch list species by the state. It breeds in montane areas. Although this species occurs in the PPA/APE for foraging, no nesting habitat is present.  The unlisted California gull which is a visitor only. Their nesting colonies are considered sensitive, but the species is ranked S4 (apparently secure). It is a colonial breeder on islands in lakes well to the north of our region. Although this species occurs in the PPA/APE for foraging, no nesting habitat is present.  The unlisted prairie falcon which is considered to be of federal conservation concern and is designated a species of special concern by the state. It nests on cliffs. No nesting habitat is present on or adjacent to the PPA/APE. This species may occasionally forage over the PPA/APE while breeding or wintering.

iii

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Although implementation of the proposed project will represent an incremental loss of foraging habitat, it is not expected to have a significant impact on these six non-nesting species or to result in their take. We are not recommending any further surveys or mitigation for them. The following bird species are covered species under the CVMSHCP, but like the BUOW, the federal permit for the CVMSHCP does not allow their take under the MBTA: crissal thrasher, Le Conte’s thrasher, yellow warbler, yellow-breasted chat, and summer tanager. Nesting habitat for all of these species has been periodically available in the PPA/APE, and was present at the time of Amec Foster Wheeler’s field visits. Recent and periodic future channel clearing has, and in the future will, remove all or portions of this vegetation as a part of CVWD’s channel maintenance. Nesting bird surveys for compliance with the MBTA will prevent impacts to these species. This will be discussed further below. These additional special-status bird species detected or of potential occurrence in the PPA/APE are not included in the CVMSHCP: Cooper’s hawk, Costa’s hummingbird, vermilion flycatcher, loggerhead shrike, black-tailed gnatcatcher, and Abert’s towhee. They all may nest in the PPA/APE. Regardless of their status, all are protected from take by the MBTA. Nesting bird surveys for compliance with the MBTA will prevent impacts to these species. This will be discussed further below. Excluded from coverage under the CVMSHCP are a variety of common bird species that are protected by the MBTA. This includes virtually all native migratory and resident bird species, including many of the birds already known to occur in the vicinity (exceptions discussed above). Avoidance of impacts to these nesting migratory and resident birds is a requirement of the federal permit issued for the CVMSHCP. In order to avoid impacting nesting birds, either avoidance of project-related disturbance during the nesting season (generally from approximately January 15 through July 31 for the Coachella Valley) or nesting bird surveys conducted by a qualified ornithologist or biologist immediately prior to PPA/APE disturbance during the nesting season would be required. If nesting birds are present, no work would be permitted near the nest until young have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey and listed species and 100 – 300 feet for other bird species. Jurisdictional waters and/or wetlands appear to be present. An Amec Foster Wheeler waters specialist will review the ICF International (2014) Jurisdictional Delineation’s methodology and confirm the extent of jurisdictional waters and wetlands within the subject reach of the Phase I project. Our findings will be presented in a separate document. No CVMSHCP wildlife corridors or biological linkages are mapped or known in or adjacent to the PPA/APE. Four of the nearest CVMSHCP conservation areas are the Mecca Hills/Orocopia Mountains Conservation Area, Desert Tortoise & Linkage Conservation Area, East Indio Hills Conservation Area, and Santa Rosa and San Jacinto Mountains Conservation Area. With no planned corridors or linkages, and no adjacency to the PPA/APE (all are a minimum of 2.9 miles away), these conservation areas will not suffer edge effects from this project and the proposed project will not have an effect on the functions or assembly of the CVMSHCP conservation area in their regard. The Coachella Valley Stormwater Channel & Delta Conservation Area, however, which is 4.3 miles downstream from the proposed project, could suffer impacts as a result of project construction. To prevent degradation of downstream water quality, Best Management Practices iv

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

(BMPs) recommended by or acceptable to the CVMSHCP and state and federal waters agencies will need to be followed. There is an Environmentally Sensitive Habitat Restoration Mitigation area (ESHRM) in a basin in the northern PPA/APE. The ESHRM is east of the CVSC, and extends north beyond the PPA/APE. The ESHRM’s relationship to the CVMSHCP, if any, is unknown. Caltrans appears to be the owner and the ESHRM may have been a mitigation project associated with construction of the 86 Expressway. The only signage for the ESHRM found by Amec Foster Wheeler is along the expressway, and these simply state: “Keep Out, Sensitive Habitat.” We suggest that the ESHRM be avoided. Implementation of the proposed project would result in the permanent and/or temporary disturbance of up to 262 acres, including the biological resources occurring or potentially occurring in the PPA/APE. Most of the project impacts will be mitigated through CVWD’s participation in the CVMSHCP. With the implementation of the recommendations above, impacts to special-status species potentially occurring in the PPA/APE and their habitats would be expected to be mitigated to a less than significant level. Recommendations include surveys as needed for Couch’s spadefoot, bats, rails, BUOW, and MBTA protected nesting birds, compliance with the recommendations of the forthcoming JD, avoidance of the Environmentally Sensitive Habitat Restoration Mitigation area, and the use of BMPs to prevent quality degradation of water flowing downstream to the Coachella Valley Stormwater Channel & Delta Conservation Area.

v

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

TABLE OF CONTENTS PAGE EXECUTIVE SUMMARY ...... i 1.0 INTRODUCTION ...... 1 2.0 REGULATORY FRAMEWORK ...... 1 2.1 Coachella Valley Multiple Species Habitat Conservation Plan...... 1 2.2 Protection of Migratory Birds ...... 6 2.2.1 Migratory Bird Treaty Act ...... 6 2.2.2 Section 3503, 3505.5, & 3513 of the State Fish and Game Code ...... 7 2.3 Waters of the United States and the State of California ...... 7 2.3.1 United States Army Corps of Engineers (USACE) ...... 7 2.3.2 Regional Water Quality Control Board (RWQCB) ...... 8 2.3.3 California Department of Fish and Wildlife ...... 8 2.4 California Environmental Quality Act (CEQA) ...... 9 2.5 The Native Plant Protection Act (NPPA) ...... 9 3.0 METHODS ...... 10 3.1 Literature Review ...... 10 3.2 Field Assessment ...... 10 4.0 RESULTS ...... 11 4.1 Topography and Soils ...... 11 4.2 Hydrology ...... 11 4.3 Vegetation...... 14 4.3.1 Natural Communities Included in the CVMSHCP ...... 14 4.3.2 Natural Communities Considered but not Included in the CVMSHCP 15 4.3.3 Natural Communities not Included in the CVMSHCP ...... 18 4.3.4 Developed Areas ...... 18 4.4 Wildlife ...... 18 4.5 Special-status Species ...... 19 5.0 Discussion ...... 45 5.1 Discussion of the Sensitive Species Tables ...... 45 5.1.1 Monarch ...... 45 5.1.2 Couch’s Spadefoot ...... 45 5.1.3 Bats ...... 45 5.1.4 Rails ...... 46 5.1.5 Burrowing Owl ...... 46 5.1.6 Bird Species Not Covered by the CVMSHCP Which Do Not Nest in the PPA/APE ...... 49 5.1.7 Other Bird Species Included in the CVMSHCP for which MBTA Take is not Permitted ...... 49 5.1.8 Other Special-Status Bird Species not Included in the CVMSHCP..... 49

vi

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

5.2 Migratory Bird Treaty Act (MBTA) ...... 49 5.3 Waters ...... 50 5.4 CVMSHCP Plan Consistency ...... 50 6.0 CONCLUSION ...... 51 7.0 LITERATURE CITED AND REFERENCES ...... 51

TABLE OF FIGURES

Figure 1. Vicinity & Location ...... 2 Figure 2. Site Topography & Relationship to Conservation Areas ...... 4 Figure 3. Soils ...... 12 Figure 4. Vegetation Communities ...... 16 Figures 5A – 5H. Modeled Habitat ...... 29 Figure 6. Burrowing Owl Burrow Survey...... 47

TABLE OF TABLES

Table 1. Field Assessment Time and Weather ...... 10 Table 2. Special-status Plants and Vegetation...... 20 Table 3. Special-status Invertebrates ...... 21 Table 4. Special-status Fish ...... 22 Table 5. Special-status Amphibians ...... 22 Table 6. Special-status Reptiles ...... 22 Table 7. Special-status Birds ...... 23 Table 8. Special-status Mammals ...... 26

LIST OF APPENDICES

Appendix 1. Species List: Vascular Plants 1-1 Appendix 2. Species List: Vertebrate Animals 2-1 Appendix 3. Photographic Exhibits 3-1

vii

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

1.0 INTRODUCTION At the request of Terra Nova Planning and Research, Inc., this biological resources assessment & Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) compliance report was prepared by Amec Foster Wheeler, Environment & Infrastructure, Inc. (Amec Foster Wheeler) for the Coachella Valley Stormwater Channel (CVSC) Improvement Project, Phase I (project). This flood control project is located both within the city limits of Coachella and on unincorporated lands in the community of Thermal, Riverside County, California. The approximately 262 acre Project Planning Area/Area of Potential Effect (PPA/APE) is approximately two miles long in and adjacent to the CVSC extending from immediately north of Avenue 54 downstream (south) to north of Avenue 58 in Thermal. (see Figure 1). It is located within Sections 10, 15, & 22 of Township 6 South, Range 8 East of the United States Geological Survey (USGS) 7.5’ Indio, Calif. quadrangle (see Figure 2). The existing CVSC is bounded by earthen flood control levees, although concrete wall reinforcement is present in the northern PPA/APE (see Appendix 3, Photos 41-43) and near the Airport Boulevard, Highway 111, and two railroad bridges. Land outside the CVSC, but in and surrounding the PPA/APE is a patchwork of commercial buildings and single-family rural residential dwellings, agriculture, and natural lands (undeveloped, some of which have been previously disturbed). Phase I may include the following:  Extension of existing and construction of new concrete-lined channel/levee banks, a fully concrete-lined channel from Airport Boulevard to the Thermal Drop Structure near Avenue 58, and construction of a bypass channel or combinations thereto.  Modification of the existing channel cross-section and Thermal Drop Structure.  Improvement of the levees (construct above-grade concrete barriers) upstream of Airport Boulevard to the vicinity of Avenue 54.  Future modification to the northernmost railroad bridge may be required. Information contained herein is intended to be used for compliance with state and federal regulations intended to protect waters and special status species and their habitats. This includes the CVMSHCP, the boundaries of which the PPA/APE is within. 2.0 REGULATORY FRAMEWORK Several relevant biological and environmental regulations have been included in this section, but the CVMSHCP is the primary regulatory entity for this project. 2.1 Coachella Valley Multiple Species Habitat Conservation Plan Finalized in October 2008, the CVMSHCP is a comprehensive regional plan that addresses the conservation needs of 27 species of native flora and fauna and 27 natural vegetation communities occurring throughout the Coachella Valley region of western Riverside County, California (Coachella Valley Association of Governments [CVAG] 2008). Permits for the CVMSHCP were issued by the California Department of Fish and Game (CDFG) [now the California Department of Fish and Wildlife (CDFW)] on September 9, 2008 and the United States Fish and Wildlife Service (USFWS) on October 1, 2008 (TE104604-0). The CVMSHCP

1

S o u th e rn P a c 54th Ave if ic R a i lr o a d 55th Ave

57th Ave P r e p a

r 58th Ave e d

B y :

M i n C d

y o

B a

e c

o h

h e

m l l

, a

A V M a

E l l C e

y F

W S t o r

S m o

u w r a c

e t e :

r C

V C

S h

C a

n A n E e R l I A L

B A S E

W I T H

P P A µ

1

0 0 0.25 0.5 1 . Legend 2 9 . 1

5 Miles

E m PPA/APE a 1 inch = 1 miles i l \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/13/2015

Vicinity & Location FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 1 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

3

East Indio Hills Joshua Tree National Conservation Area Park Conservation Area

Desert Tortoise & Linkage Conservation Area

Mecca Hills/Orocopia Mountains Conservation Area Santa Rosa and San Jacinto Mountains Conservation Area Coachella Valley Stormwater Channel & Delta Conservation Area

S o u th e rn P a c if ic R a i lr o a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e :

U S G S t o p o

7 . 5 '

I n d i o

Q u a d ,

C V

W Legend D

c µ o n 0 500 1,000 2,000 s

t PPA/APE r a i n

t Feet s m Environmentally Sensitive Habitat Restoration Mitigation a

p 1 inch = 2,000 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/12/2015

Site Topography & Relationship to Conservation Areas FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 2 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

5

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 serves two primary purposes: Balancing environmental protection and economic development objectives in the CVMSHCP area, and simplifying compliance with endangered species related laws. The CVMSHCP accomplishes this by conserving unfragmented habitat to permanently protect and secure viable populations of the covered species. The covered species include plants and animals that are either currently listed as threatened or endangered, are proposed for listing, or are believed by an USFWS and CDFW appointed Scientific Advisory Committee, to have a high probability of being proposed for listing in the future if not provided protection by the CVMSHCP. The goal of the CVMSHCP is to meet the requirements of the state and federal endangered species acts, while at the same time allowing for the economic growth (land development) within the CVMSHCP area without significant delay or hidden costs. Under the CVMSHCP, mitigation is required from all new development projects occurring in the CVMSHCP area for the purpose of assembling a preserve system for the covered species and natural vegetation communities within areas identified as having high conservation value. Federal approval for the CVMSHCP was under the Endangered Species Act (ESA or Act). The USFWS and the National Marine Fisheries Service are the designated federal agencies accountable for administering the ESA. ESA defines species as “endangered” or “threatened” and provides regulatory protection at the federal level. Section 10(a) of the ESA authorizes the issuance of incidental take permits and establishes standards for the content of habitat conservation plans, such as the CVMSHCP. State approval for the CVMSHCP was under the Natural Community Conservation Planning (NCCP) Program, managed by the CDFW. NCCPs are intended to conserve multiple species and their associated habitats, while also providing for compatible use of private lands. Through local planning, the NCCP planning process is designed to provide protection for wildlife and natural habitats before the environment becomes so fragmented or degraded by development that species listing are required under the California Endangered Species Act (CESA). Instead of conserving small, often isolated “islands” of habitat for just one listed species, agencies, local jurisdictions, and/or other interested parties have an opportunity through the NCCP to work cooperatively to develop plans that consider broad areas of land for conservation that would provide habitat for many species. Partners enroll in the programs and, by mutual consent, areas considered to have high conservation priorities or values are set aside and protected from development. Partners may also agree to study, monitor, and develop management plans for these high value “reserve” areas. The NCCP provides an avenue for fostering economic growth by allowing approved development in areas with lower conservation value. The Coachella Valley NCCP is included as a part of the CVMSHCP. 2.2 Protection of Migratory Birds

2.2.1 Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) signed by the U.S., Great Britain, Mexico, Japan, and the countries of the former Soviet Union make it unlawful to pursue, capture, kill, and/or possess, or attempt to engage in any such conduct to any migratory bird, nest, egg or parts thereof listed in the MBTA document (USFWS 2015). The Secretary of the Interior can issue permits for

6

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 incidental take of migratory bird species. As with the ESA, the MBTA also allows the Secretary of the Interior to grant permits for the incidental take of these protected migratory bird species. The USFWS permit for the CVMSHCP allows only for the take of covered bird species which are also listed under the ESA, as amended and which are also listed under the MBTA. For other birds protected by the MBTA and not listed under the ESA no take is authorized (including killing and wounding of any such birds, or take of eggs and active nests). Take is defined as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such conduct.”

2.2.2 Section 3503, 3505.5, & 3513 of the State Fish and Game Code

Section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird. Section 3505.5 makes it unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds-of-prey, i.e.: owls, hawks, eagles, etc.) or to take, possess, or destroy the nest or eggs of any bird-of-prey. Section 3513 makes it unlawful to take or possess any migratory nongame bird as designated in the MBTA. 2.3 Waters of the United States and the State of California Impacts to federal and state jurisdictional waters are not covered by the CVMSHCP. 2.3.1 United States Army Corps of Engineers (USACE) The USACE regulates the discharge of dredged or fill material in waters of the United States (WUS) pursuant to Section 404 of the Clean Water Act (CWA). 2.3.1.1 Waters of the U.S. CWA regulations (33 CFR 328.3(a)) define WUS as follows:

1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are, or could be used by, interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used, or could be used, for industrial purpose by industries in interstate commerce; 4. All impoundments of waters otherwise defined as WUS under the definition; 5. Tributaries of WUS; 6. The territorial seas; 7. Wetlands adjacent to WUS (other than waters that are themselves wetlands).

7

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

The USACE delineates non-wetland waters in the Arid West Region by identifying the ordinary high water mark (OHWM) in ephemeral and intermittent channels (USACE, 2008a). The OHWM is defined in 33 CFR 328.3(e) as: “…that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impresses on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” Identification of OHWM involves assessments of stream geomorphology and vegetation response to the dominant stream discharge. Determining whether any non-wetland water is a jurisdictional WUS involves further assessment in accordance with the regulations, case law, and clarifying guidance as discussed below. 2.3.1.2 Wetlands and Other Special Aquatic Sites Wetlands are defined at 33 CFR 328.3(b) as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.” Special aquatic sites are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle and pool complexes. They are defined in 40 CFR 230 Subpart E. 2.3.2 Regional Water Quality Control Board (RWQCB) The RWQCB regulates activities pursuant to Section 401(a)(1) of the CWA. Section 401 of the CWA specifies that certification from the State is required for any applicant requesting a federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities that may result in any discharge into navigable waters. Through the Porter Cologne Water Quality Control Act, the RWQCB asserts jurisdiction over Waters of the State of California (WSC) which is generally the same as WUS, but may also include isolated waterbodies. The Porter Cologne Act defines WSC as “surface water or ground water, including saline waters, within the boundaries of the state”. 2.3.3 California Department of Fish and Wildlife The CDFW regulates water resources under Section 1600-1616 of the California Fish and Game Code. Section 1602 states: “An entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake (CDFW 2015a).”

8

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

2.4 California Environmental Quality Act (CEQA) The basic goal of CEQA is to maintain a high-quality environment now and in the future and the specific goals are for California's public agencies to: 1) Identify the significant environmental effects of their actions; and, either 2) Avoid those significant environmental effects, where feasible; or 3) Mitigate those significant environmental effects, where feasible. CEQA applies to "projects" proposed to be undertaken or requiring approval by State and local government agencies. Projects are activities which have the potential to have a physical impact on the environment and may include the enactment of zoning ordinances, the issuance of conditional use permits and the approval of tentative subdivision maps. Where a project requires approvals from more than one public agency, CEQA requires one of these public agencies to serve as the "lead agency." A "lead agency" must complete the environmental review process required by CEQA. The most basic steps of the environmental review process are: 1) Determine if the activity is a "project" subject to CEQA; 2) Determine if the "project" is exempt from CEQA; 3) Perform an Initial Study to identify the environmental impacts of the project and determine whether the identified impacts are "significant". Based on its findings of "significance", the lead agency prepares one of the following environmental review documents: a) Negative Declaration if it finds no "significant" impacts; b) Mitigated Negative Declaration if it finds "significant" impacts but revises the project to avoid or mitigate those significant impacts; c) Environmental Impact Report (EIR) if it finds "significant" impacts. While there is no ironclad definition of "significance", Article 5 of the CEQA Guidelines provides criteria to lead agencies in determining whether a project may have significant effects (California Natural Resources Agency 2014). The purpose of an EIR is to provide State and local agencies and the general public with detailed information on the potentially significant environmental effects which a proposed project is likely to have and to list ways in which the significant environmental effects may be minimized and indicate alternatives to the project. 2.5 The Native Plant Protection Act (NPPA) The state NPPA includes measures to preserve, protect, and enhance rare and endangered native plant species. NPPA provides limitations on take as follows: “no person will import into this state, or take, possess, or sell within this state” any rare or endangered native plants, except in accordance with the provisions outlined in CESA. If a landowner is notified by CDFW, pursuant to section 1903.5 that a rare or endangered plant is growing on their property, the landowner shall notify CDFW at least 10 days prior to the changing of land uses to allow CDFW to salvage the plants.

9

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

3.0 METHODS 3.1 Literature Review In preparation for the field visits, a literature search was conducted to identify special-status biological resources known from the vicinity of the PPA/APE. In the context of this report, and for the purpose of this assessment, vicinity is defined as areas within a 5-mile radius of the PPA/APE. The literature review included the following documents:  California Natural Diversity Data Base (CNDDB) RareFind 5 (CDFW 2015b)  California Native Plant Society's (CNPS) Inventory of Rare, Threatened, and Endangered Plants of California (CNPS 2015)  CVMSHCP (CVAG 2008)  United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS). 2015a. Web Soil Survey  USGS 7.5’ Indio, Mecca, Valerie, and Thermal Canyon, Calif. quadrangles (USGS 2015) This document utilized the following standard references. For plant communities, Holland (1986) and Sawyer et al (2009); for flora, Jepson eFlora (2015) and the USDA NRCS PLANTS Database (2015b); for amphibians, reptiles, and mammals, CDFW (2014a); and for birds, American Ornithologists Union (2015). 3.2 Field Assessment Field assessment visits were conducted on 25 September 2015 by Amec Foster Wheeler Senior Biologist John F. Green and on 10 November 2015 by Green and Amec Foster Wheeler Senior Biologist Michael Wilcox. The November visit also included a focused burrow survey for burrowing owls (Athene cunicularia) according to protocol (CDFG 2012). PPA/APE suitable habitat was assessed based on the presence or absence of habitat components (e.g., soils, vegetation and topography) characteristic of the potentially occurring special-status biological resources determined by the literature review. Pedestrian transects were walked over the entire PPA/APE where accessible. All flora and fauna observed or otherwise detected (e.g., dead remains [primarily plants], vocalizations, presence of scat, tracks, and/or bones) during the course of this assessment were recorded in field notes and are included in Appendices 1 and 2. Plant species of uncertain identity were collected and identified by Andrew C. Sanders, Herbarium Collections Manager, University of California, Riverside. General weather and site conditions were also recorded at the beginning and end of each visit (see Table 1). Temperatures and wind speeds were recorded with a handheld Kestrel anemometer. Percent cloud cover was estimated. Representative PPA/APE photos were taken (see Appendix 3).

Table 1. Field Assessment Time and Weather

Date Time Temperature (degrees Fahrenheit) Wind (miles per hour) Sky (% cover) 25 September 2015 0615-0930 78-96 1-6 0-1 10 November 2015 0600-1325 58-77 2-8 30-10

10

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

4.0 RESULTS 4.1 Topography and Soils The PPA/APE is relatively flat with the exception of the levees on each side of the existing CVSC. There is a slight elevation change from approximately -100 to -135 below mean sea level as the CVSC moves southerly downstream. The Web Soil Survey (USDA, NRCS 2015a) shows the following soil types on the PPA/APE (see Figure 3):  Coachella fine sand, wet, 0-2% slopes  Fluvents  Gilman fine sandy loam, wet, 0-2% slopes  Indio fine sandy loam, wet  Indio very fine sandy loam, wet The Coachella series are well-drained, moderately rapidly permeable soils in lacustrine basins the sediments are from dominantly igneous rocks. Slopes are gently sloping to nearly level. The Gilman series consists of very deep, well drained soils that formed in stratified stream alluvium. Gilman soils are on flood plains and alluvial fans and have slopes of 0 to 3 percent. The Indio series consists of very deep, well or moderately well drained soils formed in alluvium derived from mixed rock sources. Indio soils are on alluvial fans, lacustrine basins and flood plains and have slopes of 0 to 3 percent. Fluvents are a type of Entisol. All Entisol soils have in common a mineral nature and a virtual absence of diagnostic horizons. Fluvents are mostly brownish to reddish soils that formed in recent water-deposited sediments, mainly on flood plains, fans, and deltas of rivers and small streams. Many Fluvents are frequently flooded unless they are protected by dams or levees. Stratification of alluvial sediments are derived from eroding soils or streambanks and contain an appreciable amount of organic carbon, which is mainly in the clay fraction. Fluvents can have any vegetation and any temperature regime. 4.2 Hydrology The Whitewater River and its extensions described below is the primary drainage facility for the Coachella Valley. It emanates from the San Bernardino Mountains at the northwesterly edge of the Coachella Valley, flows southeast to La Quinta, northeast to Indio, and drains into the Salton Sea. Roughly from Windy Point to Indian Avenue, the Whitewater River channel broadens into a low-lying floodplain that measures more than a mile in width. As it nears Cathedral City, the Whitewater River narrows and becomes a partially improved channel known as the Whitewater River Stormwater Channel, which protects urban development from potential flooding. East of Washington Street in La Quinta, the Whitewater River becomes the man-made CVSC (Bureau of Land Management 2008). The CVSC is an engineered stormwater channel built in the mid- 1940’s to convey regional stormwater run-off from the Whitewater River Channel to the Salton Sea (Coachella Valley Water District 2006).

11

S o u th e rn P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e Legend :

N R C

S PPA/APE s o i l s m

a CrA: COACHELLA FINE SAND, WET, 0-2% SLOPES r t c a _ S 6 Fe: FLUVENTS t C 8 o

0 o r a m c w h

GcA: GILMAN FINE SANDY LOAM, WET, 0-2% SLOPES a e l t l e a r µ

V C 0 350 700 1,400 a Ir: INDIO FINE SANDY LOAM, WET h l a l e n y n Feet e It: INDIO VERY FINE SANDY LOAM, WET l 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/12/2015

Soils Map FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 3 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

13

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

A Jurisdictional Delineation (JD) of waters and wetlands was conducted in 2012 along the approximately 50-mile full project alignment and revised in 2014 (ICF International 2014). The JD described the reach which includes the Phase I project portion of the CVSC as having “relatively permanent water flow due to discharge flows from three water reclamation plants and flows from subsurface drains” (see Photo 30 in Appendix 3 for example). Local stormwater also appears to be conveyed to the channel, for example see Appendix 3, Photo 42. It states that “a well-incised, prominent low-flow channel exists throughout the entire length of this portion” of the CVSC. Our initial observations were consistent with these findings, but an Amec Foster Wheeler hydrologist will be ground truthing the findings of the ICF International JD and will report the results in a separate report. 4.3 Vegetation ICF International (2014) found that vegetation within the PPA/APE vicinity “consisted primarily of desert saltbush scrub, tamarisk scrub, arrow weed thickets, Sonoran cottonwood-willow riparian forest, and coastal and valley freshwater marsh.” This is generally consistent with our findings. Amec Foster Wheeler mapped the following communities, using “natural community” nomenclature from the CVMSHCP (see Figure 4). A list of the plant species detected during our field visits, including common and scientific names, is attached (Appendix 1). It should be noted that short-term biological studies of this nature are limited by the seasonality of plants and the timing of field visits. 4.3.1 Natural Communities Included in the CVMSHCP Where within the CVSC, all of the following communities are occasionally reduced by channel maintenance. Such maintenance is generally intended to increase stormwater flow by reducing vegetative friction and was in progress during Amec Foster Wheeler’s November site visit. See Appendix 3, Photos 22-24, 29, 31, 41, and 43. 4.3.1.1 Arrow-weed Scrub As described by the CVMSHCP, “this community is composed of moderate to dense streamside thickets dominated by arrow-weed (Pluchea sericea). Cattail (Typha [several species, spp]), tule (spp), rushes (spp), and salt grass (Distichlis spicata) may occur as scattered individuals, especially around the margins. Salt grass is a common ground cover. Arrow-weed scrub replaces willow and cottonwood riparian forests in areas where soils are more saline or alkaline.” Amec Foster Wheeler’s observations of the community were consistent with this description. No saline/alkaline soils are mapped in the PPA/APE, but saline encrustations were present. Good examples of Arrow-weed scrub can be seen in Appendix 3, Photos 34, 37-38, and 40. 4.3.1.2 Coastal and Valley Freshwater Marsh As described by the CVMSHCP, “This community is dominated by perennial, emergent monocots, including cattail, bulrush, tules (spp), and rushes (spp), often forming completely closed canopies.” Amec Foster Wheeler’s observations of the community were consistent with this description, and included common reed (Phragmites australis). Good examples can be seen in Appendix 3, Photos 8, 11, 12, and 21-22.

14

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

4.3.1.3 Desert Saltbush Scrub As described by the CVMSHCP, “The desert saltbush scrub community can include various species of saltbush in a nearly uniform stand of shrubs, forming a more complete cover than in creosote bush scrub. This community occupies areas where fine-textured, poorly drained soils with high salinity and/or alkalinity occur.” Amec Foster Wheeler’s observations of the community were consistent with this description, where the community was undisturbed. Big saltbush, also known as quailbush (Atriplex lentiformis) is the dominant species of the community in the PPA/APE. Good examples of this community, disturbed and undisturbed, can be seen in Appendix 3, Photos 32-34. 4.3.1.4 Mesquite Hummocks As described by the CVMSHCP, “this community is composed of large clumps of low growing honey mesquite (Prosopis glandulosa) shrubs.” They are typically associated with high soil moisture, often associated with fault areas or springs. This community occurs in the PPA/APE in an “Environmentally Sensitive Habitat Restoration Mitigation” area (Tetra Tech 2014, see Figure 2), where it was probably planted. The mitigation area is in a basin. That, and proximity to the CVSC, provides the necessary soil moisture. Good examples can be seen in Appendix 3, Photos 38-40. 4.3.1.5 Sonoran Cottonwood-Willow Riparian Forest As described by the CVMSHCP, “This community consists of a winter-deciduous, broad-leaved streamside forest to about 60 feet tall, dominated by Fremont cottonwood (Populus fremontii) with dense understories of willow (Salix) species. The site characteristics include deep, well- watered, loamy alluvial soils along the near-channel floodplains of perennial desert rivers.” Amec Foster Wheeler’s observations of the community were consistent with this description, although the community is often narrow, and the understory is not always dense, due to channel maintenance and fire. Good examples can be seen in Appendix 3, Photos 7 and 31. A portion of this community burned this year, see Photo 4. 4.3.2 Natural Communities Considered but not Included in the CVMSHCP 4.3.2.1 Tamarisk Scrub This non-native community is mentioned, but not described in the CVMSHCP. Holland (1986) calls it “a weedy, virtual monoculture of any of several Tamarix species, usually supplanting native vegetation following major disturbance.” Amec Foster Wheeler observed tamarisk scrub intermittently throughout the PPA/APE. Regular maintenance disturbance favors this species, but it has not entirely supplanted natives in any part of the PPA/APE. A good example can be seen in Appendix 3, Photo 16. A portion of this community burned this year, see Photo 4.

15

M

R

A

S

R S

G

F

S

C

W

R

F

D

S

S

R

M

R

ASR

B A N K

DSS

S

G

F

S o DDSS u t h S e G TS r A n F S P a B c A if N ic K R a i lr o a T d S

DSS

D D S S

C V F M

AS

RURAL

DDSS

DDSS DSS TS AS Legend

PPA/APE

TS AG, Agriculture AG

AS, Arrow-weed Scrub AS

ASR, Arrow-weed Scrub Restoration TS RURAL BANK, Largely Unvegetated Levee Banks P r

e BSCWRF, Burned Sonoran Cottonwood-Willow Riparian Forest

p U a R r

e B

d A

B BTS, Burned Tamarisk Scrub N y :

M i n

d CVFM, Coastal and Valley Freshwater Marsh y

B e

o AG h

m DDSS, Disturbed Desert Saltbush Scrub ,

A M

E DSS, Desert Saltbush Scrub B

C S C

F W W R A DSSR, Desert Saltbush Scrub Restoration F S S S o G u U

r F R c B e MR, Mesquite Restoration A :

N C D BTS V D M S S RURAL, Rural Residential S H C

P S D _ T v

e SCWRF, Sonoran Cottonwood-Willow Riparian Forest g B e S A t C S a W t i o SGF, Salt Grass Flats R n F

TDS, Thermal Drop Structure S C to o r a µ m c h w e l 0 195 390 780 TS, Tamarisk Scrub a l te a r V 58th Ave C a l Feet h le a y URBAN, Road & Railroad Infrastructure n n e l 1 inch = 750 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 2/3/2016

Vegetation Communities Map FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 4 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

17

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

4.3.3 Natural Communities not Included in the CVMSHCP 4.3.3.1 Salt Grass Flats In the PPA/APE, this is a community that is created by channel maintenance, and which would revert to one or more of the communities above if trees and shrubs were not being actively removed for channel maintenance. Sawyer et al (2009) describe it as an alliance in which salt grass is dominant or co-dominant with other herbaceous plants and emergent shrubs, and this is consistent with Amec Foster Wheeler’s observations. Good examples can be seen in Appendix 3, Photos 10-12 and 21-22. A good example of the channel activities that maintain this community can be seen in Photo 29. 4.3.4 Developed Areas The CVMSHCP lists eight categories of developed areas. The following three are represented in the PPA/APE. 4.3.4.1 Agriculture Active and fallow fields are present in the PPA/APE south of Airport Boulevard and east of the CVSC. 4.3.4.2 Rural Rural development in the PPA/APE is represented by residential areas consisting primarily of single-family dwellings, ranchettes and trailer parks south of Airport Boulevard and east of the CVSC; the levees of the CVSC; and the Thermal Drop Structure and other structures in the CVSC. Examples can be seen in Appendix 3, Photos 2-4, 9-10, 16-18, and 42. 4.3.4.3 Urban Urban development in the PPA/APE is represented by power, road, and railroad infrastructure, particularly bridges. Examples can be seen in Appendix 3, Photos 6-7, 19-21, and 40-43. 4.4 Wildlife Vertebrate wildlife directly observed and/or detected otherwise (e.g., scat, bones, prints, feathers, burrows, etc.) during the survey included 55 species. This included one reptile, 48 birds, and at least six mammals. See Appendix 2 for a complete list of all vertebrate wildlife species detected. It should be noted that short-term biological studies of this nature are limited by seasonality (for example migratory birds and “hibernating” mammals and reptiles), the fossorial and nocturnal habits of many mammals and reptiles, the difficulty of seeing fish, and the timing of field surveys. A complete inventory of the wildlife on the PPA/APE would require extensive year- round surveys for fish, amphibians, reptiles, birds, and mammals including, for example, seining for fish, pitfall traps for reptiles, and live trapping and/or the placement of tracking stations for the detection of nocturnal mammals. Small, unidentified fish were seen, but not for long enough for identification. Common non- native fish which may occur in the CVSC include western mosquitofish (Gambusia affinis), sailfin molly (Poecilia latipinna), and Mozambique tilapia (Oreochromis mossambicus).

18

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Although no amphibians were detected, Amec Foster Wheeler biologist Michael Wilcox has seen both the native Woodhouse's toad (Anaxyrus woodhousii) and the non-native American bullfrog (Lithobates catesbeianus) in the general PPA/APE area, and they are expected to occur. Only one common reptile was observed in the PPA/APE, the side-blotched lizard (Uta stansburiana). Other common species such as, but not limited to, tiger (western) whiptail (Aspidoscelis tigris), desert iguana (Dipsosaurus dorsalis), desert horned lizard (Phrynosoma platyrhinos), gopher snake (Pituophis catenifer), and coachwhip (Coluber flagellum) may also occur. The 48 species of birds observed in the PPA/APE included primarily native species, but four nonnative species were also observed, including the rock pigeon (Columba livia) and Eurasian collared-dove (Streptopelia decaocto). Common native species of desert and desert riparian habitats observed included, but were not limited to: the turkey vulture (Cathartes aura), red- tailed hawk (Buteo jamaicensis), greater roadrunner (Geococcyx californianus), American kestrel (Falco sparverius), common raven (Corvus corax), verdin (Auriparus flaviceps), marsh wren (Cistothorus palustris), common yellowthroat (Geothlypis trichas), and red-winged blackbird (Agelaius phoeniceus). Several fall migrants/wintering species were seen, including the blue-gray gnatcatcher (Polioptila caerulea), ruby-crowned kinglet (Regulus calendula), yellow-rumped warbler (Setophaga coronata), and white-crowned sparrow (Zonotrichia leucophrys). Other common species expected to occur include, but are not limited to, mallard (Anas platyrhynchos), Wilson's snipe (Gallinago delicata), white-winged dove (Zenaida asiatica), white-throated swift (Aeronautes saxatalis), Anna's hummingbird (Calypte anna), barn swallow (Hirundo rustica), hooded oriole (Icterus cucullatus), and lesser goldfinch (Spinus psaltria). Recent burrowing owl sign was found and will be discussed in detail in Section 5 below. The mammals detected in the PPA/APE included the Audubon's cottontail (Sylvilagus audubonii), coyote, (Canis latrans), and other small mammals, particularly rodents, as a variety of small mammal burrows and tracks were observed (see Photos 27-28). Other common species that would be expected to occur in the PPA/APE include black-tailed jackrabbit (Lepus californicus), deer mouse (Peromyscus maniculatus), and bobcat (Lynx rufus). 4.5 Special-status Species Plant or animal taxa may be considered "sensitive" or as having “special-status” due to declining populations, vulnerability to habitat change, or because they have restricted ranges. Some are listed as threatened or endangered by the USFWS or by the CDFW and are protected by the federal and state Endangered Species Acts and the CNPPA. Others have been identified as sensitive or as special-status species by the USFWS, the CDFW, or by private conservation organizations, including the CNPS. Unlisted sensitive species do not have formal state or federal status, but may nevertheless be considered significant under CEQA. Knowledge of habitat associations, natural history, seasonality, and distribution is essential in the assessment of the potential for occurrence of the various sensitive plants and animals known to occur throughout the region. For these reasons, special-status species that were not observed in the PPA/APE have the potential to occur based on their geographic distribution, habitat preferences, and the regional location of the PPA/APE. Tables 2-8 below summarize

19

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 sensitive species known to occur in the vicinity of the PPA/APE, and include their potential occurrence status in the PPA/APE based on the best available information and the collective expertise of Amec Foster Wheeler biologists. The CVMSHCP provides conservation for 27 imperiled plant and animal species and 27 natural communities (vegetation). These include federal and state-listed species, federal and state species of concern, and species on the CNPS rare plant species lists. The CVMSHCP has modeled habitat maps for some of these species within the PPA/APE (see Figures 5A-5H). Although not modeled and/or covered by the CVMSHCP, several other special-status species may also potentially occur on and adjacent to the PPA/APE. The literature review and biological resources assessment resulted in the identification of 50 special-status species which were observed in the PPA/APE, had CNDDB records within an approximate five mile radius of the PPA/APE, and/or which had habitat, including CVMSHCP modeled habitat, in the PPA/APE. These included 14 plants, two invertebrates, two fishes, one amphibian, two reptiles, 22 birds, and seven mammals. Tables 2 through 8 provide a complete list of these sensitive biological resources, their associated legal status, their general habitat associations, and their respective PPA/APE occurrence potential based on geographic distribution and presence of potentially suitable habitat.

Table 2. Special-status Plants and Vegetation

Species Status Habitat Probability Sandy areas in chaparral, CVMSHCP: No coastal scrub, desert dunes. Abronia villosa var. aurita F = ND Absent 75 to 1600 meters (m.). chaparral sand-verbena C = S2 Blooms (B): January - Habitat unsuitable CNPS: 1B.1 September Sonoran desert scrub; sandy CVMSHCP: Yes Absent Astragalus lentiginosus var. flats, washes, outwash fans, F = END coachellae sometimes on dunes. 40 to PPA/APE is below known C = S1 Coachella Valley milk-vetch 665 m. Blooms (B): January elevational range of the CNPS: 1B.2 - September species. Sandy or gravelly flats, CVMSHCP: No washes, and roadsides in Astragalus sabulonum F = ND Absent desert dunes, Mojavean gravel milk-vetch C = S2 desert scrub, & Sonoran Habitat unsuitable CNPS: 2B.2 desert scrub. -60 to 930 m. Absent CVMSHCP: No Rocky places in Mojavean & Ayenia compacta F = ND Sonoran desert scrub. 150 PPA/APE is below known California ayenia C = S3 elevational range of the to 1095 m. B: March – April. CNPS: 2B.3 species. CVMSHCP: No Sandy places in desert Absent Cryptantha costata F = ND dunes and Mojavean & PPA/APE is below known ribbed cryptantha C = S4 Sonoran desert scrub. -60 to elevational range of the CNPS: 4.3 500 m. B: February – May. species. CVMSHCP: No Absent Mojavean & Sonoran desert Cryptantha holoptera F = ND scrub. 100 to 1690 m. B: PPA/APE is below known winged cryptantha C = S4 March – April elevational range of the CNPS: 4.3 species.

20

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 2. Special-status Plants and Vegetation

Species Status Habitat Probability Sandy soils in dry washes CVMSHCP: C Absent and on rocky hillsides in Ditaxis claryana F = ND Mojavean & Sonoran desert PPA/APE is below known glandular ditaxis C = S2 scrub. 0 to 465 m. B: elevational range of the CNPS: 2B.2 October – March. species. Sandy, gravelly and/or rocky CVMSHCP: No desert washes, flats, and Absent Eschscholzia androuxii F = ND slopes in Joshua tree PPA/APE is below known Joshua Tree poppy C = S3 woodland & Mojavean elevational range of the CNPS: 4.3 desert scrub. 585 to 1685 m. species. B: February - June Dry openings, rock crevices, CVMSHCP: No Absent & carbonate in alpine dwarf Jaffueliobryum raui F = ND scrub, chaparral, and PPA/APE is below known Rau’s jaffueliobryum moss C = S2? Mojavean & Sonoran desert elevational range of the CNPS: 2B.3 scrub. 490 to 2100 m. species. Absent Leptosiphon floribundus ssp. hallii CVMSHCP: No Desert canyons in Sonoran F = ND desert scrub, and pinyon & PPA/APE is below known Santa Rosa Mountains C = S1S2 juniper woodland. 1000 to elevational range of the leptosiphon CNPS: 1B.3 2000 m. B: May – July. species. CVMSHCP: No Rocky, gravelly, sandy Absent Mentzelia tridentata F = ND places in Mojavean desert PPA/APE is below known creamy blazing star C = S3 scrub. 700 to 1175 m. B: elevational range of the CNPS: 1B.3 March - May. species. CVMSHCP: No Sandy places in coastal Nemacaulis denudata var. gracilis F = ND dunes, desert dunes, & Absent slender cottonheads C = S2 Sonoran desert scrub. -50 to Habitat unsuitable. CNPS: 2B.2 400 m. B: March - May Chenopod scrub, desert CVMSHCP: No Absent dunes, Sonoran desert Wislizenia refracta ssp. palmeri F = ND scrub, Sonoran thorn PPA/APE is below known Palmer’s jackass-clover C = S1 woodland. 0 to 300 m., B: elevational range of the CNPS: 2B.2 January – December. species. CVMSHCP: Yes Steep canyon slopes, in Absent Xylorhiza cognata F = ND sandstone and clay in PPA/APE is below known Mecca-aster C = S2 Sonoran desert scrub. 20 to elevational range of the CNPS: 1B.2 305 m. B: January - June species.

Table 3. Special-status Invertebrates

Species Status Habitat Probability Winter roost sites extend along the coast from Absent (roost site) northern Mendocino County Danaus plexippus pop. 1 Occurs (foraging) CVMSHCP: No to Baja California, Mexico. monarch F = ND Roosts located in wind- One individual observed, - California overwintering C = S2S3 protected tree groves but out of range for winter population (eucalyptus, Monterey pine, roosts, habitat not cypress), with nectar and present. water sources nearby.

21

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Absent Type specimen collected in Mecca in 1908. More Inhabits the lower Colorado recent record is from Oliarces clara CVMSHCP = No River drainage. Found under Mecca Hills, possibly the cheeseweed owlfly F = ND rocks or in flight over source of the 1908 insect (cheeseweed moth lacewing) C = S2 streams. Larrea tridentata is as well. The only Larrea in the suspected larval host. the PPA/APE appears to be part of a restoration project. The PPA/APE portion of the CVSC has very few rocks.

Table 4. Special-status Fish

Species Status Habitat Probability Found in the Colorado River Absent bordering California, but spread into canal systems Nearest CNDDB record and drains through import of from 1955, about four CVMSHCP = No Xyrauchen texanus Colorado River water. miles downstream to F = END razorback sucker Adapted for swimming in south. CDFW 2015e does C = END, FP, S1S2 swift currents but also need not list any extant quiet waters. Spawn in populations in the areas of sand/gravel/rocks in Coachella or Imperial shallow water. Valleys. Very Low CVMSHCP = Yes Desert ponds, springs, Nearest CNDDB records Cyprinodon macularius F = END marshes and streams in are from approximately 8 desert pupfish C = END, S1 southern California. miles southeast in drains near the Salton Sea.

Table 5. Special-status Amphibians

Species Status Habitat Probability Temporary desert rain pools CVMSHCP: No Very Low Scaphiopus couchii that last at least 7 days for F = ND Nearest CNDDB record Couch's spadefoot breeding with nearby C = SSC, S2 about 5 miles southeast. subterranean refuge sites.

Table 6. Special-status Reptiles

Species Status Habitat Probability Restricted to desert washes Very Low CVMSHCP = Yes Phrynosoma mcallii and desert flats; requires Nearest CNDDB records flat-tailed horned lizard F = ND vegetative cover, ants, and about 5 miles southeast, C = CAN, SSC, S2 fine sand. north, & northwest. Requires fine, loose, Uma inornata CVMSHCP = Yes windblown sand Absent Coachella Valley fringe-toed F = THR interspersed with hardpan Habitat unsuitable. lizard C = END, S1 and widely spaced desert shrubs.

22

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 7. Special-status Birds

Species Status Habitat Probability Colonial nester in large Absent (nesting colony) CVMSHCP = No trees. Rookery sites located Occurs (foraging) Ardea alba F = MBTA near marshes, tide-flats, great egret Detected in the PPA/APE C = S4 (nesting colony) irrigated pastures, and by Amec Foster Wheeler margins of rivers & lakes. biologists. Colonial nester in tall trees, cliffsides, and sequestered Absent (nesting colony) spots on marshes. Rookery CVMSHCP = No Occurs (foraging) Ardea herodias sites in close proximity to F = MBTA great blue heron foraging areas: marshes, Detected in the PPA/APE C = S4 (nesting colony) lake margins, tide-flats, by Amec Foster Wheeler rivers, streams, & wet biologists. meadows. Colonial nester, with nest sites situated in protected Absent (nesting colony) CVMSHCP = No beds of dense tules. Occurs (foraging) Egretta thula F = MBTA Rookery sites situated close snowy egret Detected in the PPA/APE C = S4 (nesting colony) to foraging areas: marshes, by Amec Foster Wheeler tidal-flats, streams, wet biologists. meadows, & lake borders. Woodland, chiefly of open, Moderate (nesting) interrupted, or marginal type. CVMSHCP = No Occurs (foraging) Accipiter cooperii Nests mainly in riparian F = MBTA Cooper's hawk deciduous trees & live oaks Detected in the PPA/APE C = WL (nesting), S4 in canyon bottoms & river by Amec Foster Wheeler flood-plains. biologists. Ponderosa pine, black oak, Absent (nesting) riparian deciduous, mixed No suitable habitat & outside of nesting range CVMSHCP = No conifer & Jeffrey pine Accipiter striatus habitats. Prefers riparian Occurs F = MBTA sharp-shinned hawk areas on north-facing C = WL (nesting), S4 (foraging / wintering) slopes, with plucking Detected in the PPA/APE perches. Nests usually by Amec Foster Wheeler within 275 feet of water. biologist. Dense coastal and inland marsh, especially where dominated by California & Very Low Olney's three square bulrush. Nests often No nearby CNDDB CVMSHCP: Yes*^ Laterallus jamaicensis coturniculus constructed of cattail leaf records, but PPA/APE is California black rail F = MBTA, BCC blades, even though cattails in CVMSHCP modeled C = THR, FP, S1 rarely the dominant habitat (see Figure 5A). vegetation type. Prefers Bulrushes & cattails are water depth of <2.5 cm, with intermittently present. 25% of the substrate inundated.

23

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 7. Special-status Birds

Species Status Habitat Probability Low Nearest CNDDB record is approximately 8 miles downstream, but the CVMSHCP states: “there are records of Nests in fresh-water occurrences from the Rallus obsoletus (longirostris) CVMSHCP: Yes^ marshes. Prefers stands of Whitewater River delta yumanensis F = END cattails and tules dissected and upstream, in Yuma Ridgway’s (clapper) rail C = THR, FP, S1 by narrow channels of scattered locations, for flowing water. approximately 10 miles along the CVSC,” which places the species in the PPA/APE. PPA/APE is in CVMSHCP modeled habitat (see Figure 5B), and habitat is present. Absent (nesting) Littoral waters, sandy No suitable habitat & CVMSHCP = No beaches, waters & outside of nesting range shorelines of bays, tidal Larus californicus F = MBTA Occurs mud-flats, marshes, lakes, California gull C = WL (nesting etc. Colonial nester on islets (foraging / wintering) colony), S4 in large interior lakes, either Detected in the PPA/APE fresh or strongly alkaline. by Amec Foster Wheeler biologist. CVMSHCP: Yes* Open, dry annual or Occurs F = MBTA, BCC perennial grassland, deserts Athene cunicularia Reported in the PPA/APE C = SSC (burrow sites & scrublands characterized burrowing owl in 2015, burrows with & some wintering by low-growing vegetation. recent sign present. sites), S2 Burrows essential.

Occurs CVMSHCP = No Calypte costae Desert riparian, desert and F = MBTA Detected in the PPA/APE Costa's hummingbird arid scrub foothill habitats. C = S4 (nesting) by Amec Foster Wheeler biologist. Breeding: Absent No nesting habitat. Foraging: Low CVMSHCP = No Falco mexicanus Breeding sites located on May forage over F = MBTA, BCC prairie falcon cliffs, but forages far afield. PPA/APE during nesting C = SSC (nesting), S3 or winter season. CNDDB record from Mecca quadrangle.

Low CVMSHCP: Yes Breeds primarily in dense, Empidonax traillii extimus No nearby CNDDB F = END willow dominated riparian southwestern willow flycatcher records but marginally C = END, S1 (nesting) communities. suitable habitat is present.

24

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 7. Special-status Birds

Species Status Habitat Probability During nesting, inhabits desert riparian adjacent to CVMSHCP = No irrigated fields, irrigation Low Pyrocephalus rubinus F = MBTA ditches, pastures, & other Old CNDDB record in vermilion flycatcher C = SSC (nesting), open, mesic areas with nest immediate PPA/APE, S2S3 in cottonwood, willow, habitat present. mesquite, or other large desert riparian trees. Breeds mainly in shrublands Moderate or open woodlands with No nearby CNDDB some grass cover & areas of records, but habitat is CVMSHCP = No bare ground. Requires tall Lanius ludovicianus present and has been F = MBTA, BCC plants or structures for loggerhead shrike observed by Amec Foster C = SSC (nesting), S4 hunting & vocalization Wheeler in immediate perches and open areas of vicinity during field work short grasses, forbs, or bare for other projects. ground for hunting. Riparian vegetation in the Low vicinity of water or in dry CVMSHCP: Yes No nearby CNDDB Vireo bellii pusillus river bottoms; below 2000 F = END records, but CVMSHCP least Bell's vireo feet elevation. Nests usually C = END, S2 (nesting) modeled habitat is in willow, baccharis, or present (see Figure 5C). mesquite. Primarily inhabits wooded Occurs CVMSHCP = No Polioptila melanura desert wash habitats; also F = MBTA Detected in the PPA/APE black-tailed gnatcatcher occurs in desert scrub C = WL, S3S4 by Amec Foster Wheeler habitat, especially in winter. biologist. Moderate CVMSHCP = Yes* Resident of deserts in Toxostoma crissale Old CNDDB record in F = MBTA riparian and wash habitats. crissal thrasher immediate PPA/APE, C = SSC, S3 Nests in dense vegetation. habitat present. Primarily utilizes open desert washes, desert scrub, alkali CVMSHCP = Yes* Very Low desert scrub, and desert Toxostoma lecontei F = MBTA, BCC Nearest CNDDB record succulent scrub habitats; Le Conte’s thrasher C = SSC (San Joaquin approximately 5 miles commonly nests in a dense, population only), S3 southeast of PPA/APE. spiny shrub or densely branched cactus. Wetlands & mature riparian Low CVMSHCP = Yes* woodlands dominated by Dendroica petechia brewsteri F = MBTA, BCC cottonwoods, alders, and No nearby CNDDB yellow warbler C = SSC (nesting), willows. Also uses well- records, but PPA/APE is S3S4 watered, second growth in CVMSHCP modeled woodlands & gardens. habitat (see Figure 5D). Low Riparian thickets of willow & Nearest CNDDB record CVMSHCP = Yes* other brushy tangles near Icteria virens approximately 5 miles F = MBTA watercourses. Nests in low, yellow-breasted chat southeast of PPA/APE. C = SSC (nesting), S3 dense riparian within 10 feet PPA/APE is in CVMSHCP of ground. modeled habitat (see Figure 5E).

25

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 7. Special-status Birds

Species Status Habitat Probability Desert riparian & desert Occurs CVMSHCP = No wash habitats. Frequents Melozone aberti F = MBTA dense vegetation; thickets of Detected in the PPA/APE Abert's towhee C = S3 willow, cottonwood, by Amec Foster Wheeler mesquite, saltcedar. biologists. Low CVMSHCP = Yes* Mature riparian groves Piranga rubra cooperi No nearby CNDDB F = MBTA dominated by cottonwoods summer tanager records, but PPA/APE is C = SSC (nesting), S1 and willows. in CVMSHCP modeled habitat (see Figure 5F). * Species is to be conserved under the CVMSHCP, but is still protected by the MBTA ^ Species is to be conserved under the CVMSHCP, but is fully protected under state code & cannot be taken

Table 8. Special-status Mammals

Species Status Habitat Probability Throughout California in a wide variety of habitats, Very Low CVMSHCP = C most common where mesic. Nearest CNDDB record Corynorhinus townsendii F = ND Roosts in the open, usually approximately 5 miles Townsend's big-eared bat C = CAN, SSC, S2 in caves or mines, hanging southeast of PPA/APE, WBWG = H from walls & ceilings, but human disturbance a extremely sensitive to factor. human disturbance. Occupies a wide variety of habitats from arid deserts & Absent: Roosting CVMSHCP = No grasslands through mixed No caves or cliffs. Euderma maculatum, F = ND conifer forests. Feeds over Low: Foraging spotted bat C = SSC, S3 water & along washes. Nearest CNDDB record WBWG = H Feeds almost entirely on approximately 5 miles moths. Needs rock crevices southeast of PPA/APE. in cliffs or caves for roosting. Many open, semi-arid to arid habitats, including conifer & CVMSHCP = C deciduous woodlands, Low Eumops perotis californicus F = ND coastal scrub, grasslands, Nearest CNDDB record western mastiff bat C = SSC, S3S4 chaparral etc. Most approximately 1 mile WBWG = H commonly roosts in crevices northwest of PPA/APE. in cliff faces, but also high buildings, trees & tunnels. Found in valley foothill Moderate CVMSHCP = Yes riparian, desert riparian & Lasiurus xanthinus F = ND wash, & palm oasis habitats. CNDDB record in the immediate vicinity of western yellow bat C = SSC, S3 Forages over water & WBWG = H among trees. Roosts in PPA/APE, trees and trees, particularly palms. palms present.

26

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Table 8. Special-status Mammals

Species Status Habitat Probability Low-lying desert areas in southeastern California. Closely associated with Absent CVMSHCP = No beavertail cactus & Neotoma albigula venusta F = ND mesquite. Intolerant of cold No beavertail or cactus of Colorado Valley woodrat any kind detected on or C = S1S2 temps. Eats mainly succulent plants. Distribution near PPA/APE. influenced by abundance of nest building material. Low Desert riparian, desert scrub, desert wash & Nearest CNDDB record approximately 3 miles CVMSHCP = Yes sagebrush habitats. Most Perognathus longimembris bangsi common in creosote northeast of PPA/APE. F = ND Palm Springs pocket mouse dominated desert scrub. PPA/APE is in CVMSHCP C = SSC, S2S3 Occurs in all canopy modeled habitat (see coverage classes. Rarely Figure 5G) for the species found on rocky sites. and rodent tracks and burrows were observed. Moderate Nearest CNDDB record Prefers open, flat, grassy Xerospermophilus tereticaudus approximately 2 miles CVMSHCP = Yes areas in fine-textured, sandy chlorus northwest of PPA/APE. soil in desert succulent Coachella Valley (Palm Springs) F = None PPA/APE is in CVMSHCP scrub, desert wash, desert round-tailed ground squirrel C = SSC, S1S2 modeled habitat (see scrub, alkali scrub, & levees. Figure 5H) for the species and rodent tracks and burrows were observed. Definitions of status designations and occurrence probabilities for Tables 2-5 Definitions of occurrence probability: Occurs: Observed in the PPA/APE by Amec Foster Wheeler personnel or recently reported in the PPA/APE by another reliable source. High:Observed in similar habitat in region by qualified biologists, or habitat on the PPA/APE is a type often utilized by the species and the PPA/APE is within the known range of the species. Moderate:Reported sightings in surrounding region, or PPA/APE is within the known range of the species and habitat on the PPA/APE is a type occasionally used by the species. Low:PPA/APE is within the known range of the species but habitat on the PPA/APE is rarely used by the species Very Low:Habitat is of marginal suitability and/or PPA/APE is at the edge of species known range or distribution. Absent:A focused study failed to detect the species, suitable habitat not present, or PPA/APE is outside the geographic distribution of the species. Unknown:No focused surveys have been performed in the region, and the species' distribution and habitat are poorly known. CVMSHCP designations Yes: Conserved by the CVMSHCP No: Not Specifically Conserved by the CVMSHCP C: Considered, but not included in the CVMSHCP Federal designations: (F = federal Endangered Species Act or USFWS designations) END:Federally listed, Endangered THR:Federally listed, Threatened CAN:Candidate for Federal listing MBTA: Migratory Bird Treaty Act BEPA:Bald Eagle Protection Act (also protects Golden Eagles) BCC:Birds of Conservation Concern ND:No designation

27

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

State designations: (C = California Endangered Species Act or CDFG designations) END:State listed, Endangered THR:State listed, Threatened CAN:Candidate for State listing RARE:State listed, Rare FP:Fully Protected Species SSC:Species of Special Concern WL:Watch List Species ND:No designation CDFG state rankings are a reflection of the overall condition of an element throughout its California range. The number after the decimal point represents a threat designation attached to the rank: S1 = Critically Imperiled. Less than (<) 6 Element Occurrences (EOs) OR < 1,000 individuals OR < 2,000 acres S1.1 = very threatened S1.2 = threatened S1.3 = no current threats known S2 = Imperiled. 6-20 EOs OR 1,000-3,000 individuals OR 2,000-10,000 acres S2.1 = very threatened S2.2 = threatened S2.3 = no current threats known S3 = Vulnerable. 21-80 EOs OR 3,000-10,000 individuals OR 10,000-50,000 acres S3.1 = very threatened S3.2 = threatened S3.3 = no current threats known S4 = Apparently Secure. Uncommon but not rare in the state; some cause for long-term concern. S5 = Secure. Common, widespread, and abundant in the state. SH = All known California sites are historical, not extant California Native Plant Society (CNPS) designations: Primary Categories LIST 1A: Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere LIST 1B: Plants Rare, Threatened, or Endangered in California and Elsewhere LIST 2A: Plants Presumed Extirpated in California, But Common Elsewhere LIST 2B: Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere LIST 3: Plants About Which More Information is Needed - A Review List LIST 4: Plants of Limited Distribution - A Watch List Subdivisions within Categories 0.1: Seriously threatened in California 0.2: Moderately threatened in California 0.3: Not very threatened in California Western Bat Working Group (WBWG) designations: The Western Bat Working Group is comprised of agencies, organizations and individuals interested in bat research, management and conservation from the 13 western States and provinces. Its goals are (1) to facilitate communication among interested parties and reduce risks of species decline or extinction; (2) to provide a mechanism by which current information on bat ecology, distribution and research techniques can be readily accessed; and (3) to develop a forum to discuss conservation strategies, provide technical assistance and encourage education programs.

H: High: Species which are imperiled or are at high risk of imperilment based on available information on distribution, status, ecology and known threats. M: Medium: Species which warrant a medium level of concern and need closer evaluation, more research, and conservation actions of both the species and possible threats. A lack of meaningful information is a major obstacle in adequately assessing these species' status and should be considered a threat. L: Low: Species for which most of the existing data support stable populations, and for which the potential for major changes in status in the near future is considered unlikely. There may be localized concerns, but the overall status of the species is believed to be secure. Conservation actions would still apply for these bats, but limited resources are best used on High and Medium status species. P: Periphery: This designation indicates a species on the edge of its range, for which no other designation has been determined.

28

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet California black rail 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 A Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

30

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n ￿￿ e ￿￿ l ￿￿ ￿￿￿￿ ￿￿ ￿￿ ￿￿ ￿￿￿￿ ￿￿ ￿￿ ￿￿￿￿ ￿￿￿￿ ￿￿￿￿ ￿￿ ￿￿￿￿ ￿￿￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿ ￿￿

￿￿ Legend ￿￿ ￿￿

￿￿ µ ￿￿ ￿￿

￿￿ ￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿ ￿￿

￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿

￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ FIGURE ￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿￿ 5 B Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

32

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet least Bell's vireo 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 C Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

34

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet yellow warbler 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 D Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

36

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d Prepared By: Mindy Beohm, Mindy Prepared Beohm, FW By: AMEC Source:http://www.cvmshcp.org/GIS_Data.htm

Legend µ PPA/APE 0 350 700 1,400 Feet yellow-breasted chat 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 E Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

38

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet summer tanager 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 F Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

40

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet Palm Springs pocket mouse 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 G Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

42

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n S e o l u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e : h t t p : / / w w w . c v m s h c p . o r g / G I S

_ Legend D a

t µ a .

h 0 350 700 1,400 t m PPA/APE Feet Coachella Valley (Palm Springs) round-tailed ground squirrel 1 inch = 1,400 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 11/16/2015

CVMSHCP Model Habitat FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 5 H Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

44

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

5.0 DISCUSSION 5.1 Discussion of the Sensitive Species Tables Of the 50 sensitive elements identified by the literature review to occur in the PPA/APE vicinity (see Tables 2-8 above), 18 were determined to be absent from the PPA/APE, including all of the plant species, the cheeseweed owlfly, the razorback sucker, Coachella Valley fringe-toed lizard, and the Colorado Valley woodrat. Since they are not expected to occur within the PPA/APE or be impacted, those 18 species will not be discussed further. Of the remaining 32 species, seven are fully covered and conserved by the CVMSHCP: desert pupfish, flat-tailed horned lizard, southwestern willow flycatcher, least Bell’s vireo, western yellow bat, Palm Springs pocket mouse, and Coachella Valley (Palm Springs) round-tailed ground squirrel. Since potential impacts to these seven species will be mitigated through CVWD’s participation in the CVMSHCP they will not be discussed further. The remaining 25 species will be discussed below. 5.1.1 Monarch This unlisted insect is not covered by the CVMSHCP. It is ranked S2S3 by the state (imperiled - vulnerable), but has no other state or federal status. The species has been included on the CDFW’s Special Animals list (2015) primarily to protect its wintering roosts along the coast. A single butterfly was seen foraging in the PPA/APE. We are not recommending any further action in regard to this species, as the PPA/APE is not coastal and does not contain monarch roost sites. 5.1.2 Couch’s Spadefoot This unlisted toad is not covered by the CVMSHCP. It is considered a Special Concern Species by the CDFW and is ranked S2 by the state (imperiled), but has no other state or federal status. It may occur in the PPA/APE in temporary rain pools (if any) and flooded date palm orchards, at least one of which is within the PPA/APE (see Photo 17), may also provide breeding habitat and refugia. The channel itself is not habitat for the species. There is only one known local record, five miles to the southeast, and limited potential habitat in the PPA/APE. Amec Foster Wheeler recommends that substantial temporary pools and orchards be avoided or surveyed for this species and its’ eggs and tadpoles prior to disturbance to avoid impacts to breeding spadefoots. 5.1.3 Bats Three additional species of bats were found to have records in the PPA/APE vicinity: Townsend’s big-eared bat, spotted bat, and western mastiff bat. One of these, the spotted bat, only has foraging potential in the PPA/APE. Although implementation of the proposed project may represent an incremental loss of potential spotted bat foraging habitat, it is not expected to have a significant impact on the species or to result in its take. We are not recommending any further action on behalf of the spotted bat. The Townsend’s big-eared bat could roost on the walls and ceilings of bridges, culverts, and other structures in the PPA/APE, but is most often associated with caves or mines. Human disturbance is frequent in the PPA/APE, and may be a limiting factor for this species. The

45

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 western mastiff bat prefers roosts in high places such as cliff crevices, but could use trees or structures in the PPA/APE. Both species may forage in the PPA/APE.

Take of these or other roosting bat species may be considered significant. Although no bats were seen during the biological resource assessment, suitable roosting habitat was seen. Focused surveys may be required to ensure that bats are not present so that they are not harmed or disturbed by construction activities. Some potential roost sites detected in the PPA/APE include areas under the Highway 111, Southern Pacific Railroad, and Airport Boulevard Bridges and structures in the CVSC near the Southern Pacific Railroad Bridge (see Appendix 3, Photos 6-7, 9-10, and 19-20). 5.1.4 Rails The California black rail and Yuma Ridgway’s (clapper) rail are covered species under the CVMSHCP, but because they are both California Fully Protected species, no take is allowed. Also, because the California black rail is not federally listed, take of that species is also prohibited under the MBTA. For both species, the CVMSHCP states: “Surveys will be required in potential Habitat for this rail before any activity that would impact the Habitat. If rails are found, the Habitat must be avoided or measures approved by The Wildlife Agencies taken to ensure that no take of an individual occurs.” Protocol level surveys for these species are conducted between March 15th and May 31st, and require a minimum of three visits for California black rail (Conway et al 2002) and two for Yuma Ridgway’s (clapper) rail (USFWS 2000). 5.1.5 Burrowing Owl The Burrowing Owl (BUOW) is a covered species under the CVMSHCP, but the federal permit for the CVMSHCP does not allow take of this species under the MBTA. This species nests and roosts underground, and is thus particularly vulnerable to ground disturbing activities. Project hydrologists encountered a BUOW at its burrow several months ago, and Amec Foster Wheeler biologists found BUOW sign at that burrow (see Appendix 3, Photos 24-25) and at another nearby burrow (see Appendix 3, Photo 26) during a protocol burrow survey on 10 November 2015 (see Figure 6). Numerous burrows or burrow-like structures suitable for occupation by BUOWs, but without any sign of BUOW usage (see Appendix 3, Photos 13-14, for example), were observed in or immediately adjacent to the PPA/APE (see Figure 6). Actions to avoid take of the burrowing owl will need to be performed prior to project activities. The “CDFW recommends two take avoidance surveys. The first should occur between 14 and 30 days prior to ground disturbance and the second within 24 hours of ground disturbance” (CDFW 2014b).

46

C

o

a

c

h

e

l l a

V

a

l l e

y

S

t o

r

m

w

a

t e

r

C

h

a

n

n

e

l

S o u th e r n P a c if ic R a il ro a d P r e p a r e d

B y :

M i n d y

B e o h m ,

A M E C

F W S o u r c e :

E S R I w o r l d

I m a g e r y o n l i n e , f i e l d s u r v e y

1 1 / 1 0 / 1 5

A M E C

Legend PPA/APE µ Burrow with Sign 0 190 380 760 Feet Potential Burrow(s), No Sign 1 inch = 760 feet \\RVS-FS1\RVShare\active projects\CVWD Stormwater Channel 322520070\maps Date: 2/3/2016

Burrowing Owl Burrow Survey FIGURE Coachella Valley Stormwater Channel Improvement Project - Phase 1 6 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

This Page Intentionally Left Blank

48

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

5.1.6 Bird Species Not Covered by the CVMSHCP Which Do Not Nest in the PPA/APE The great egret, great blue heron, and snowy egret are unlisted species which nest colonially. Their nesting colonies are considered sensitive, but they are all ranked S4 (apparently secure). Although these species occur in the PPA/APE for foraging, there are no known rookery sites in or near the PPA/APE or sufficiently wide, undisturbed habitat for the establishment of such. The unlisted sharp-shinned hawk is a migrant and winter visitor only. It is considered to be a watch list species by the state. It breeds in montane areas. Although this species occurs in the PPA/APE for foraging, no nesting habitat is present. The unlisted California gull is a visitor only. Their nesting colonies are considered sensitive, but the species is ranked S4 (apparently secure). It is a colonial breeder on islands in lakes well to the north of our region. Although this species occurs in the PPA/APE for foraging, no nesting habitat is present. The unlisted prairie falcon is considered to be of federal conservation concern and is designated a species of special concern by the state. It nests on cliffs. No nesting habitat is present on or adjacent to the PPA/APE. This species may occasionally forage over the PPA/APE while breeding or wintering. Although implementation of the proposed project will represent an incremental loss of foraging habitat, it is not expected to have a significant impact on these species or to result in their take. We are not recommending any further surveys or mitigation. 5.1.7 Other Bird Species Included in the CVMSHCP for which MBTA Take is not Permitted The following bird species are covered species under the CVMSHCP, but like the BUOW, the federal permit for the CVMSHCP does not allow their take under the MBTA: crissal thrasher, Le Conte’s thrasher, yellow warbler, yellow-breasted chat, and summer tanager. Nesting habitat for all of these species has been periodically available in the PPA/APE, and was present at the time of Amec Foster Wheeler’s field visits. Recent and periodic future channel clearing has, and in the future will, remove all or portions of this vegetation as a part of CVWD’s channel maintenance and is mitigated through CVWD's participation in the CVMSHCP and their 144 acre constructed habitat project on NE shore of Salton Sea. Nesting bird surveys for compliance with the MBTA will prevent take of MBTA protected species. This will be discussed further below. 5.1.8 Other Special-Status Bird Species not Included in the CVMSHCP The Cooper’s hawk, Costa’s hummingbird, vermilion flycatcher, loggerhead shrike, black-tailed gnatcatcher, and Abert’s towhee are all special-status species which may nest in the PPA/APE. Regardless of their status, all are protected from take by the MBTA. Nesting bird surveys for compliance with the MBTA will prevent impacts to these species. This will be discussed further below. 5.2 Migratory Bird Treaty Act (MBTA) Excluded from coverage under the CVMSHCP are a variety of common bird species that are protected by the MBTA. This includes virtually all native migratory and resident bird species,

49

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016 including many of the birds already known to occur in the vicinity (see Appendix 2). Exceptions are discussed above. Avoidance of impacts to nesting migratory and resident birds is a requirement of the federal permit issued for the CVMSHCP. In order to avoid impacting nesting birds, either avoidance of project-related disturbance during the nesting season (generally from approximately January 15 through July 31 for the Coachella Valley) or nesting bird surveys conducted by a qualified ornithologist or biologist immediately prior to PPA/APE disturbance during the nesting season would be required. If nesting birds are present, no work would be permitted near the nest until young have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. The only nest sites detected to date in the PPA/APE were inactive cliff swallow nests on the Highway 111 and Airport Boulevard Bridges (see Appendix 3, Photos 6 and 19) and the previously discussed burrowing owl burrows with sign. 5.3 Waters Jurisdictional waters and/or wetlands appear to be present. An Amec Foster Wheeler waters specialist will review the ICF International (2014) JD’s methodology and confirm the extent of jurisdictional waters and wetlands within the subject reach of the Phase I project and will present those findings in a separate document. 5.4 CVMSHCP Plan Consistency No wildlife corridors or biological linkages are mapped or known in or adjacent to the PPA/APE. Four of the nearest CVMSHCP conservation areas (see Figure 2) are the Mecca Hills/Orocopia Mountains Conservation Area (2.9 miles away), Desert Tortoise & Linkage Conservation Area (3.4 miles), East Indio Hills Conservation Area (3.6 miles), and Santa Rosa and San Jacinto Mountains Conservation Area (6.2 miles). With no planned corridors or linkages, and no adjacency to the PPA/APE, these conservation areas will not suffer edge effects from this project and the proposed project will not have an effect on the functions or assembly of the CVMSHCP conservation area in their regard. The Coachella Valley Stormwater Channel & Delta Conservation Area, however, which is 4.3 miles downstream from the proposed project could suffer impacts as a result of project construction. To prevent degradation of downstream water quality, Best Management Practices (BMPs) recommended by or acceptable to the CVMSHCP and state and federal waters agencies will need to be followed. There is an “Environmentally Sensitive Habitat Restoration Mitigation” area (ESHRM) in a basin in the northern PPA/APE (Tetra Tech 2014). The ESHRM is east of the CVSC, and extends north beyond the PPA/APE (see Figure 2). The ESHRM’s relationship to the CVMSHCP, if any, is unknown. Caltrans appears to be the owner (Riverside County Information Technology 2015) and the ESHRM may have been a mitigation project associated with construction of the 86 Expressway. The only signage for the ESHRM found by Amec Foster Wheeler is along the expressway, and these simply state: “Keep Out, Sensitive Habitat.” We suggest that the ESHRM be avoided. Portions of the ESHRM can be seen in Appendix 3, Photos 37-40.

50

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

6.0 CONCLUSION Implementation of the proposed project would result in the permanent and/or temporary disturbance of up to 262 acres, including the biological resources occurring or potentially occurring in the PPA/APE. Most of the project impacts will be mitigated through CVWD’s participation in the CVMSHCP. With the implementation of the recommendations above, impacts to special-status species potentially occurring in the PPA/APE and their habitats would be expected to be mitigated to a less than significant level. Recommendations include surveys as needed for Couch’s spadefoot, bats, rails, BUOW, and MBTA protected nesting birds, compliance with the recommendations of the forthcoming JD, avoidance of the Environmentally Sensitive Habitat Restoration Mitigation area, and the use of BMPs to prevent quality degradation of water flowing downstream to the Coachella Valley Stormwater Channel & Delta Conservation Area. 7.0 LITERATURE CITED AND REFERENCES American Ornithologists' Union. 2015. Check-list of North American Birds, 7th edition + supplements. Accessed online at: http://americanornithology.org/content/aou-checklist- north-and-middle-american-birds-7th-edition-and-supplements Bureau of Land Management. 2008. Coachella Valley California Desert Conservation Area Plan Amendment / FEIS. Accessed online at: http://www.blm.gov/ca/news/pdfs/psscra/CDCA- PDF/Final_Ch3-6FloodingHydrol.pdf CDFW. 2015a. Fish and Game Code of California. http://www.leginfo.ca.gov/calaw.html CDFW. 2015b. California Natural Diversity Data Base, Rarefind 5. Report for the Indio, Mecca, Valerie, and Thermal Canyon, Calif. quadrangles. Accessed online at: dfg.ca.gov/biogeodata/cnddb/mapsanddata.asp CDFW. 2015c. Special Animals List. October. Periodic publication. Sacramento, CA. Accessed online at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406&inline=1 CDFW. 2015d. California Wildlife Habitat Relationships, Life History Accounts and Range Maps. Accessed online at: http://www.dfg.ca.gov/biogeodata/cwhr/cawildlife.aspx CDFW. 2015e. Threatened and Endangered Species, Species Lists and Accounts, Species Accounts-Fish. Accessed online at: https://www.dfg.ca.gov/wildlife/nongame/t_e_spp/ CDFW. 2014a. Complete List of Amphibian, Reptile, Bird and Mammal Species in California. Accessed online at: nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=87155&inline=1 CDFW. 2014b. Email to Amec Foster Wheeler from Karen Riesz, CDFW Environmental Scientist, regarding CDFW recommendations for burrowing owl take avoidance within non-conservation areas in the CVMSHCP area. December 7th. CDFG. 2012. Staff Report on Burrowing Owl Mitigation. March 7. CDFG. 2010. A Review of Stream Processes and Forms in Dryland Watersheds. Prepared by Kris Vyverberg, Conservation Engineering. 32 p.

51

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

California Natural Resources Agency. 2014. CEQA Guidelines. Accessed online at: http://resources.ca.gov/ceqa/guidelines/ Coachella Valley Water District. 2006. Comment Letter-2006 Federal Clean Water Act, Section 303(d) List of Water Quality Limited Segments for California. Accessed online at: http://www.swrcb.ca.gov/water_issues/programs/tmdl/docs/303dlists2006/comments/ste ve_bigley.pdf CNPS. 2015. Inventory of Rare, Threatened, and Endangered Plants of California. Report for the Indio, Mecca, Valerie, and Thermal Canyon, Calif. quadrangles. Accessed online at: http://www.rareplants.cnps.org Conway, C.J., C. Sulzman, and B.E. Raulston. 2002. Population trends, distribution, and monitoring protocols for the California Black Rail. Final Report. AGFD Heritage. CVAG. 2008. Coachella Valley Multiple Species Habitat Conservation Plan. Accessed online at: cvmshcp.org Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of California. Prepared for the California Department of Fish and Game. ICF International. 2014. Jurisdictional Delineation Report, Whitewater River and Coachella Valley Stormwater Channels, Riverside County, California. Prepared for the Coachella Valley Water District in November 2012 and revised in May 2014. Jepson Flora Project. 2015. Jepson eFlora. Accessed online at: http://ucjeps.berkeley.edu/IJM.html Moyle, Peter B. and Liam H. Davis. 2000. A list of Freshwater, Anadromous, and Euryhaline Fishes of California. In California Fish and Game 86(4):244-258. Riverside County Information Technology. 2015. Map My County. Accessed online at: http://mmc.rivcoit.org/MMC_Public/Custom/disclaimer/Default.htm Sawyer, J.O., T. Keeler-Wolf, and J.M. Evens. 2009. A manual of California vegetation (2nd ed.). California Native Plant Society, Sacramento, CA. Swift, C.C., T.R. Haglund, M. Ruiz, and R.N. Fisher. 1993. The status and distribution of the freshwater fishes of southern California. Bull. So. Calif. Acad. Sci. 92(3):101–167. Tetra Tech. 2014. Coachella Valley Water District, Riverside County, California, Eastern Coachella Valley Stormwater Master Drainage Plan, Coachella Valley Stormwater Channel Alternatives Study, Final Report, May. USACE. 2008a. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. A Delineation Manual. Lichvar and McColley. August. USACE. 2008b. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. September. USACE. 1987. Wetlands Delineation Manual, Technical Report Y-8. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100 pp. + append.

52

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

USDA, NRCS. 2015a. Web Soil Survey. Accessed online at: http://websoilsurvey.nrcs.usda.gov/app/ USDA, NRCS. 2015b. The PLANTS Database. National Plant Data Team. Accessed online at: plants.usda.gov USFWS. 2015. Bird Laws and Treaties. Accessed online at: http://www.fws.gov/migratorybirds/RegulationsandPolicies.html USFWS. 2000. Memorandum: Yuma Clapper Rail Revised Survey Protocol. Field Supervisor, Phoenix, Arizona. USGS. 2015. US Topo and Historical Topographic Map Collection. Accessed online at: http://geonames.usgs.gov/apex/f?p=262:1:0::NO:RP::

53

APPENDIX 1

SPECIES LIST: VASCULAR PLANTS

1-1

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Species List: Vascular Plants This list reports only plants observed on the PPA/APE by this study. Other species may have been overlooked or undetectable due to their growing season. †= special-status species, * = non-native species, sp. = identified only to genus, cf= compares favorably with], var. = variety, ssp. = subspecies DICOTYLEDONEAE DICOT FLOWERING PLANTS Aizoaceae Fig-Marigold Family Sesuvium verrucosum western sea-purslane Trianthema portulacastrum horse-purslane Amaranthaceae Amaranth Family Amaranthus palmeri Palmer's amaranth Asteraceae Sunflower Family Bebbia juncea var. aspera sweetbush Eclipta prostrata false daisy Encelia farinosa brittlebush Isocoma acradenia alkali goldenbush Palafoxia arida Spanish-needle Pluchea odorata var. odorata saltmarsh-fleabane Pluchea sericea arrow-weed *Pulicaria paludosa Spanish false fleabane Symphyotrichum subulatum annual saltmarsh aster Xanthium strumarium cocklebur Boraginaceae Borage Family Heliotropium curassavicum var. oculatum alkali heliotrope Chenopodiaceae Goosefoot Family Atriplex canescens four-wing saltbush Atriplex lentiformis big saltbush *Bassia hyssopifolia fivehorn smotherweed Suaeda nigra bush seepweed Euphorbiaceae Spurge Family *Ricinus communis castor bean Fabaceae Pea Family *Melilotus albus white sweetclover *Parkinsonia aculeata Mexican palo verde Parkinsonia florida blue palo verde Prosopis glandulosa var. torreyana honey mesquite Sesbania herbacea bigpod sesbania Onagraceae Evening Primrose Family *Ludwigia peploides floating primrose-willow Polygonaceae Buckwheat Family Persicaria lapathifolia willow weed Salicaceae Willow Family Populus fremontii ssp. fremontii Fremont cottonwood Salix exigua var. hindsiana Hinds' willow Salix gooddingii Goodding's black willow

Page 1-2 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Tamaricaceae Tamarisk Family *Tamarix aphylla athel *Tamarix ramosissima saltcedar Zygophyllaceae Caltrop Family Larrea tridentata creosote bush *Tribulus terrestris puncture vine MONOCOTYLEDONEAE MONOCOT FLOWERING PLANTS Arecaceae Palm Family *cf. Phoenix sp. date/Canary Island type palm Washingtonia sp. fan palm Cyperaceae Sedge Family Bolboschoenus maritimus ssp. paludosus alkali bulrush Schoenoplectus americanus Olney's three-square bulrush Poaceae Grass Family *Cynodon dactylon Bermuda grass Distichlis spicata salt grass Phragmites australis common reed *Polypogon monspeliensis rabbitfoot grass Typhaceae Cattail Family Typha sp. cattail

Page 1-3

APPENDIX 2

SPECIES LIST: VERTEBRATE ANIMALS

2-1

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Species List: Vertebrate Animals This list reports only the vertebrate animals observed by this study. Other species may have been overlooked or undetectable due to their activity patterns or weather conditions.[†= special- status species, * = non-native species, sp. = identified only to genus, cf = compares favorably with] OSTEICHTHYES BONY FISH ≥ one spp. unidentified small fishes REPTILIA REPTILES Phrynosomatidae Horned Lizards, Spiny Lizards & Relatives Uta stansburiana side-blotched lizard AVES BIRDS Ardeidae Herons, Bitterns, and Allies †Ardea herodias great blue heron †Ardea alba great egret †Egretta thula snowy egret Butorides virescens green heron Cathartidae New World Vultures Cathartes aura turkey vulture Accipitridae Hawks, Kites, Eagles, and Allies †Accipiter striatus sharp-shinned hawk †Accipiter cooperii Cooper's hawk Buteo jamaicensis red-tailed hawk Rallidae Rails, Gallinules, and Coots Fulica americana American coot (found dead) Charadriidae Lapwings and Plovers Charadrius vociferous killdeer Laridae Gulls, Terns, and Skimmers Larus delawarensis ring-billed gull †Larus californicus California gull Columbidae Pigeons and Doves *Columba livia rock pigeon *Streptopelia decaocto Eurasian collared-dove Zenaida macroura mourning dove Cuculidae Cuckoos, Roadrunners, and Anis Geococcyx californianus greater roadrunner Strigidae Typical Owls †Athene cunicularia burrowing owl (sign) Trochilidae Hummingbirds †Calypte costae Costa's hummingbird

Page 2-2 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Alcedinidae Kingfishers Megaceryle alcyon belted kingfisher Picidae Woodpeckers and Allies Picoides scalaris ladder-backed woodpecker Falconidae Caracaras and Falcons Falco sparverius American kestrel Tyrannidae Tyrant Flycatchers Sayornis nigricans black phoebe Sayornis saya Say's phoebe Corvidae Crows, Jays, and Magpies Corvus corax common raven Hirundinidae Swallows Petrochelidon pyrrhonota cliff swallow (inactive nests only) Remizidae Penduline Tits and Verdins Auriparus flaviceps verdin Troglodytidae Wrens Cistothorus palustris marsh wren Thryomanes bewickii Bewick's wren Polioptilidae Gnatcatchers and Gnatwrens Polioptila caerulea blue-gray gnatcatcher †Polioptila melanura black-tailed gnatcatcher Regulidae Kinglets Regulus calendula ruby-crowned kinglet Mimidae Mockingbirds and Thrashers Mimus polyglottos northern mockingbird Sturnidae Starlings *Sturnus vulgaris European starling Motacillidae Wagtails and Pipits Anthus rubescens American pipit Parulidae Wood-Warblers Oreothlypis celata orange-crowned warbler Geothlypis trichas common yellowthroat Setophaga coronata yellow-rumped warbler Emberizidae Emberizids †Melozone aberti Abert's towhee Artemisiospiza sp. sage sparrow Melospiza melodia song sparrow Melospiza lincolnii Lincoln's sparrow Zonotrichia leucophrys white-crowned sparrow Icteridae Blackbirds Agelaius phoeniceus red-winged blackbird

Page 2-3 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Euphagus cyanocephalus Brewer's blackbird Quiscalus mexicanus great-tailed grackle Molothrus ater brown-headed cowbird Fringillidae Fringilline & Cardueline Finches and Allies Haemorhous mexicanus house finch Passeridae Old World Sparrows *Passer domesticus house sparrow MAMMALIA MAMMALS Leporidae Rabbits and Hares Sylvilagus audubonii Audubon’s cottontail Rodentia Rodents ≥ two spp. burrows & tracks cf. mice, rats, squirrels, etc. Geomyidae Pocket Gophers Thomomys bottae Botta's pocket gopher Canidae Foxes, Wolves and Relatives *Canis familiaris dog (tracks) Canis latrans coyote (scat)

Page 2-4

APPENDIX 3

PHOTOGRAPHIC EXHIBITS

3-1

Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 1. Looking south at the CVSC and the south end of PPA/APE downstream of the Thermal Drop structure. Note relatively recent fire damage.

Photo 2. Looking north at the Thermal Drop structure from within the CVSC. Note relatively recent fire damage.

Page 3-2 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 3. Marshy area at the base of the Thermal Drop structure. Note relatively recent fire damage.

Photo 4. Looking north at Thermal Drop structure, Highway 111 Bridge over the CVSC, and burned Sonoran Cottonwood-Willow Riparian Forest and Tamarisk Scrub.

Page 3-3 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 5. Looking north at from near the Thermal Drop structure at Fillmore Street, burned forest, and Highway 111 Bridge over the CVSC. Note relatively recent fire damage.

Photo 6. Looking south at inactive cliff swallow nests and potential bat roosting areas on the Highway 111 Bridge over the CVSC.

Page 3-4 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 7. Potential bat roosting & bird nesting areas on Highway 111 & Southern Pacific (SP) Railroad Bridges over the CVSC. The fire burned to this point and south.

Photo 8. Marshy spot near the Highway 111 and SP Railroad Bridges.

Page 3-5 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 9. Structures in the east levee, north of the SP Railroad Bridge. Potential bird and bat habitat.

Photo 10. Looking southeast from the west levee north of the SP Railroad Bridge. Structures from previous photo are at left.

Page 3-6 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 11. Looking north from the west levee north of the SP Railroad Bridge.

Photo 12. Looking west from the west levee north of the SP Railroad Bridge. Working from foreground back, the most visible natural communities are salt grass flats, coastal and valley freshwater marsh, and tamarisk scrub.

Page 3-7 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 13. Example of potential burrowing owl habitat in survey buffer west of west levee between Airport Boulevard & Highway 111/SP Railroad.

Photo 14. Example of potential burrowing owl habitat in the buffer west of the west levee between Airport Boulevard and Highway 111/SP Railroad.

Page 3-8 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 15. Looking south from the east levee, north of the SP Railroad Bridge.

Photo 16. Looking north from the east levee, south of Airport Boulevard. Tamarisk scrub is prominent at center and background.

Page 3-9 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 17. Looking southeast at agriculture and rural residential east of the east levee, between Airport Boulevard and Highway 111/SP Railroad.

Photo 18. Looking northeast at disturbed desert saltbush scrub and rural residential east of the east levee, between Airport Boulevard and Highway 111/SP Railroad. Undisturbed desert saltbush scrub at far right.

Page 3-10 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 19. Inactive cliff swallow nests and potential bat habitat on Airport Boulevard Bridge.

Photo 20. Overhead access to interior of the Airport Boulevard Bridge. Clearly utilized by birds, but also provides potential bat access.

Page 3-11 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 21. Marshy area under the Airport Boulevard Bridge.

Photo 22. Looking north from the Airport Boulevard Bridge. Salt grass flats and coastal and valley freshwater marsh are the prominent natural communities here. Equipment at upper left would soon arrive to remove most of the vegetation from the salt grass flats for channel maintenance.

Page 3-12 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 23. Looking north from the west levee, north of the Airport Boulevard Bridge. CVSC maintenance equipment is actively pumping water from the channel for dust control and removing emergent shrubs and most herbaceous plants from the salt grass flats area.

Photo 24. Tracks from recent channel maintenance in the vicinity of known, occupied burrowing owl burrow (stakes).

Page 3-13 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 25. Known, occupied burrowing owl burrow with sign. An owl was reported here by project hydrologists, but no owl was seen during Amec Foster Wheeler survey. West levee between Airport Boulevard and 54th Avenue.

Photo 26. Additional occupied burrowing owl burrow with sign. No owl was seen during survey. West levee between Airport Boulevard and 54th Avenue.

Page 3-14 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 27. Small rodent burrow.

Photo 28. Small rodent burrow with tracks.

Page 3-15 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 29. Looking north from near the west levee between Airport Boulevard and 54th Avenue at recently maintained salt grass flats.

Photo 30. A major source of water in this reach of the CVSC, this flow appears to be from an underground outfall from the water treatment plant south of 54th Avenue and west of the channel.

Page 3-16 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 31. Near north end of PPA/APE, example of how the current CVSC maintenance goes right up to the edge of the active channel. Sonoran Cottonwood-Willow Riparian Forest is prominent in the remaining tall vegetation layer.

Photo 32. Looking southeast from the east levee north of Airport Boulevard at disturbed and undisturbed desert saltbush scrub in the PPA/APE.

Page 3-17 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 33. Looking north from the east levee north of Airport Boulevard at disturbed and undisturbed desert saltbush scrub in the PPA/APE.

Photo 34. Looking north from the east levee north of Airport Boulevard at arrow-weed scrub (green in foreground), and disturbed & undisturbed desert saltbush scrub in the PPA/APE.

Page 3-18 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 35. Looking south at the CVSC from the east levee between Airport Boulevard and 54th Avenue.

Photo 36. Looking north at the CVSC from the east levee between Airport Boulevard and 54th Avenue.

Page 3-19 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 37. Looking west at PPA/APE from east levee between Airport Boulevard and 54th Avenue. This is the south boundary of the “Environmentally Sensitive Habitat Restoration Mitigation” area (ESHRM). To the right is upland desert saltbush scrub, while to the left is the ESHRM basin dominated by arrow-weed scrub.

Photo 38. Looking north at PPA/APE from east levee in the ESHRM. Arrow-weed scrub in foreground, mesquite hummocks restoration in background. Also a few fan palms, presumably planted.

Page 3-20 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 39. Looking north at PPA/APE from east levee in the ESHRM. Mesquite hummocks restoration in background. Also a date type palms.

Photo 40. Looking northeast at PPA/APE from east levee in the ESHRM. The open area is a stub of what would be 54th Avenue. Arrow-weed scrub at right, mesquite hummocks restoration at left.

Page 3-21 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 41. Looking south at the CVSC from the west dike near the north end of the PPA/APE in the vicinity of 54th Avenue.

Photo 42. Presumed stormwater culvert draining into the CVSC from the west dike near 54th Avenue.

Page 3-22 Coachella Valley Stormwater Channel Improvement Project, Phase I Biological Resources Assessment & MSHCP Compliance Report February 2016

Photo 43. Looking north at the CVSC from the west dike at the north end of the PPA/APE in the vicinity of 54th Avenue. Note concrete bank lining which begins in this area and extends north.

Page 3-23